Given its alluring profitability, the medical device industry is highly competitive. A patent, consequently, is of high value to medical device companies; it protects their market share and helps attract investors. When bringing a medical device to the market, however,…
Read More Patentability Risks for Medical Devices in the 510(k) Clearance Process
Although the freedom of contract provides parties with broad discretion in defining the scope of a force majeure clause, in general, a force majeure clause is a contractual provision that excuses the nonperformance of contractual obligations in circumstances beyond a…
COVID-19 can be problematic for intellectual property licensing arrangements, especially with respect to the performance of duties owed under common provisions for royalties and sales requirements. The operational and financial hardships imposed by COVID-19 can make fulfilling these duties immensely…
Read More COVID-19 in the Context of Intellectual Property Licenses
Under United States trademark law, in general, a “trademark” is a word, phrase, symbol, design, or combination thereof, used in connection with a good in commerce to identify and distinguish the source of the good from others. In order to…
Read More Distinguishing Generic and Descriptive Marks under United States Trademark Law
Effective as of October 2, 2020, fees associated with inter partes review ("IPR") and post grant review ("PGR") proceedings will increase as follows: IPR request fee (up to 20 claims) will increase from $15,500 to $19,000. IPR post-institution fee (up…
Read More Fees Associated with IPR and PGR Proceedings Increase on October 2, 2020
Section 102(a) of the Copyright Act provides that copyright protection extends to “original works of authorship” that are “fixed in a tangible medium of expression . . . .” “Works of authorship” include “literary works.” A computer program is a…
Read More Copyright Protection for Computer Programs: Copyrightability and A Notable Limitation
On June 20, 2020, the USPTO updated MPEP 706.07(b), the rule by which USPTO examiners are to adhere in issuing a first Office final rejection of the claims in a new patent application. MPEP 796.07(b) presently provides that the claims…
A patent owner’s strategy for addressing potential infringement should be tailored to account for both legal and commercial concerns specific to his or her circumstances. For instance, if a patent owner is primarily seeking to initiate licensing negotiations with a…
Read More Considerations in Addressing Potential Patent Infringement
The Transitional Program for Covered Business Method Patents (the "Program") is scheduled to be repealed on September 16, 2020. This program provides for a transitional proceeding, in certain circumstances, by which the validity of a covered business method patent can…
Read More Expiration of the Covered Business Method Program Approaching
Responding to the impact of COVID-19, the United States Copyright Office ("Copyright Office") expanded its electronic filing capabilities for many service that otherwise could only be filed by physical delivery, such as notices of termination, requests for reconsideration of refusals…
Read More United States Copyright Office expands Electronic Filing Capabilities amid COVID-19
